California Assembly Passes Anti-Electoral College Bill

On May 30, the California Assembly passed AB 2948, by a vote of 42-25. AB 2948 is the bill being introduced around the U.S., in various state legislatures, that sets up an interstate compact. The compact would only go into effect after states containing a majority of electoral votes had joined. After that, states in the compact would appoint presidential electors pledged to the winner of the national popular vote. The authority for a state to do that is in Article II, sec. 1, which says, “Each state shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors”.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Gerard, I recommend reading the NPV book, “Every Vote Equal.” Specifically, read chapters 5 and 8. They have thought through the constitutional issues pretty carefully. Congress’ consent is typically only required if the nature of the compact is such that it would increase the power of the states relative to the federal government.